Understanding Precedents in English Common Law
Role of case law in Common Law family
Introduction.
English and America are exemplary to common law legal systems. In both the two aforementioned systems, precedents (or case law, judge-made law) play a paramount role in the judicial proceedings. In this essay, the author will give readers a brief content on the definition and the role of precedents, as well as the application of precedents in reality.
Contents.
Case law – theoretical issues.
The term “case law” (or precedent, judge-made law) comes into existence along with the being of Common Law family, thus, it is obvious that, in order to understand precedent in its intrinsic way, it is necessary to root its origin from the Common Law family (or Common Law tradition).
Common law evolved in England since around the 11th century and was later adopted in the US, Canada, Australia, New Zealand and other countries of the British Commonwealth. The paramount distinction between civil law and common law system is that, whereas civil law system is a codified system, the common law basis are mainly case law, or judge-made law.
“Case law” is an ambiguous expression. It can refer to the hundreds of examples of detailed application of the law to particular cases that a legal system produces every day: decisions that have no significance except in the case in which they are made, for researchers who are interested to find out whether laws are applied in practice as they ought to be in theory, and for people (such as textbook writers) who look for practical illustrations of the theoretical statements that they make. Or it can refer to the possibility that, in certain circumstances, the higher courts of a legal system may, in making decisions in individual cases, actually create law, or authoritatively declare what the law is, in such a way as to compel other courts to reach the same conclusion on a similar issue. Or it can refer to something in between these two extremes: the fact that a judge is likely to follow a decision by another judge on a similar issue if the other judge commands respect and the first judge knows about his or her decision. In general, the author agree with the notion given in Blacks Law Dictionary: “Precedent is the making of law by a court in recognizing and apply new rules while administering justice and a decided case that furnishes a basic for determining later cases involving similar facts or issues”.
From that perspective, it is a conclusion of two main characteristics of case law. First of all, it is created by the judges during the trial proceedings, thus, it has another name as judge-made law. Secondly, the novelty is of the utmost importance when it comes to the establishment of precedents. Normally, the judge have to take into consideration the question of fact and question of law when dealing with a case. Only in the case when the question of law is novel and the command of a new ruling is necessary do the judge take into account the creation of a new case law to resolve the situation.
Case law – an indispensable part of Common Law Family.
Precedents play a very significant role in both common law and continental legal systems. In the common law legal system, where precedents can be formally binding on future cases, it is the principle of stare decisis that take control over the judicial decisions in general. Each judge, when deciding a matter before him or her, selects the prior cases on which to rely; no external authority designates precedents. Under stare decisis, every case has the potential of being a precedent in some sense. One part of a decision may have persuasive or even binding authority even if a different part of the decision has been discredited or overturned. Yet only the holding or ratio decidendi of a case can be binding; any remarks unnecessary to the result are non-binding dicta.
A prior case must meet two requirements to be considered binding precedent. First, as compared with the present matter before the judge, the prior case must address the same legal questions as applied to similar facts. The higher the degree of factual similarity, the more weight the judge gives the prior case when deciding the present matter. The degree of similarity of a prior case is therefore often a point of contention between parties to a litigation. Litigants compare and contrast prior cases with their own in briefs submitted to the court. The judge reviews and weighs these arguments but also may conduct his own research into, and analysis of, prior cases.
The second requirement for a case to be considered binding precedent is that it must have been decided by the same court or a superior court within the hierarchy to which the court considering the case belongs. For example, The American federal court system has three tiers: the district courts, the courts of appeals (divided into “circuits” with distinct geographic boundaries), and the U.S. Supreme Court. Each state also has a multi-tiered court system and, if certain jurisdictional requirements are met, the U.S. Supreme Court may review the decisions of the highest court in each state. Each district court thus follows precedents handed down by the Supreme Court and by the court of appeals in the circuit encompassing the district court. Each court of appeals follows its own precedents and precedents handed down by the Supreme Court, but it need not adhere to decisions of courts of appeals in other circuits. A court may consider decisions by other, non-superior courts to be persuasive precedent, however, and follow them if they are well-reasoned and if there is no binding precedent that conflicts.
The doctrine of stare decisis (or, in another word, the application of precedents) confers many benefits on the common law judicial system. At its core, the doctrine protects and respects “the legitimate expectations of those who live under the law.” Stare decisis promotes stability, “represents an element of continuity in law, and is rooted in the psychological need to satisfy reasonable expectations.” Reasonable expectations are particularly compelling in the commercial context, where “contracts or title to property may be premised on a rule established by case law” and a shift in the law could “undermine vested contract and property rights” or undermine related rules upon which people have come to rely.
By safeguarding reliance interests, precedents furthers “a system of justice based on fairness to the individual.” Since it is bound by the pervious case, and thus same decision will be made and equal punishment will be punished for those who loss the case bases on the past cases. Example like Balfour case and Merrit case, where the decision made in Merrit case is bound to the Balfour case. It can be used by lawyers as a reference to create certainty which allow them to advice their client for the probability of winning and losing a case by forecasting the predictable result of the case based on the binding result of the previous case. The predictable result and probability of losing a case allow the client to settle it with privately with peace. If the probability of winning a case is higher, it satisfy the client with higher confident. Example for Balfour case and Merrit case, since there are similar case occurred in the past, the lawyer can actually based on the previous case advice Miss Merrit about the percentage of winning the case.
Furthermore, using case law as a source of law enables the judgment of the case to be settling in short period because of the binding precedent which is much more efficient. Shorter period of settling a case will reduce the legal cost paid by the client. Example for Balfour case and Merrit case, since there are similar facts between both cases, therefore less time and cost needed for judging that case. Using binding precedent concept, it totally avoid discrimination whereby the The personality of judges will not influence the outcome of dispute in court as the decision made by the judges is bound to follow previous decisions. Whether they are discrimination between the judges towards the plaintiff or defendant, the judges still have to follow the binding decisions. Example for the Merrit case, if the judges know the plaintiff, the decision made will be still bound with the Balfour case. This can provide a fair judgment of case for either defendant or plaintiff.
Besides, stare decisis also ensures that legal change moves in an incremental fashion, “facilitating the gradual assimilation of new rules into the overarching legal framework.” A precedent-based system additionally serves an efficiency function: as the late Supreme Court Justice Benjamin Cardozo once wrote, “the labor of judges would be increased almost to the breaking point if every past decision could be reopened in every case, and one could not lay one’s own course of bricks on the secure foundation of the courses laid by others who had gone before him.” Thus, stare decisis “expedites the work of the courts by preventing the constant reconsideration of settled questions.” Lastly, adherence to stare decisis ensures the legitimacy of the judicial process by “permitting society to presume that bedrock principles are founded in the law rather than in the proclivities of individuals.”
Practical application of case law in significant Common Law nations.
In common law nations, precedents are basic source of law, regardless of the codification, especially in the UK where the case law roots its origin. However, case law plays different role in different nation in the common law Commonwealth. For example, America is the one that is under harsh influence from the English common law, nevertheless, there still be the existence of the codified legislation, significantly the Uniform commercial code. In common law, judges is not only the one who create the precedents but also commit to apply judicial decisions in accordance with the precedents in suitable situations. The stare decisis is not only applied with precedents created by the Supreme court but also other courts that are competent to appellate power, for example, in England, namely the High courts. Court of Appeal and the Supreme Court.
Besides, in civil law nations, precedent, although not considered the paramount source of law, still play a significant role in interpreting the ambiguousness of codified legislation and substitute for the errors and outdatedness of the enacted law.
Conclusion.
In conclusion, the essay is not just an extolment of precedents’ predominance in common law systems but also a glorification on its referencing role in continental countries. However, precedents do expose some defects that need adjusting. Therefore, the combination of precedents (as unwritten law) and codified legislation is the best solution for any nation to perfect its legal system.
Inspiring Empathy and Awareness Through Literature
Introduction
The aim of teaching and learning English literature is to develop students’ potential in a balanced, holistic, and integrated manner. According to Beach et al. (2021), the world is confronted with numerous challenges and uncertainties concerning security, safety, and the future of humanity. Additionally, some systems perpetuate oppression and our vulnerabilities as human beings. In the face of these pressing concerns, literature offers a window to see others who differ from us and a mirror to perceive our limitations and strengths (Beach et al., 2021). In light of these concerns, teaching literature aims to foster not only language mastery but also cultural awareness, positive change, motivation, and self-discovery among students. Thus, this essay presents a vision for teaching literature that incorporates various approaches and methods to inspire students to appreciate and apply literary works in their lives and the world.
Since childhood, reading books, especially story books, has been part of my life growing up. Through reading, I could experience and find an escape into other worlds away from reality. Nevertheless, from my early simplistic view of literature as a form of escape to studying literature in school and now teaching literature to other students, I have developed an appreciation and deeper understanding of the importance of literature and its relevance in our modern society. For many people, their first encounter with literature is at school. As a student learning literature, I found it interesting that I could empathize with characters from literary works. Today, I insist to my students that this constitutes a crucial skill in learning literature.
Learning literature is supposed to enable students to sense messages and themes and a vessel that allows students to open up to a diverse way of thinking and ideas. Furthermore, learning literature allows students to go back in time and see the world through the eyes of those who lived before. Through analysis of literary works, students can develop a deeper understanding and appreciation of diverse cultures and historical contexts concerning their contemporary world. A big challenge for teaching literature is that many teachers often lack enthusiasm for teaching literature. Similarly, students in ESL secondary are often disengaged when learning literature (Dewaele & Li, 2021). As a literature teacher, I have experienced this firsthand in my students. Thus, my primary objective in teaching is always to get students interested in literature early in the year.
I leverage various techniques to capture my students’ interest—laying the foundation early so students are curious and engaged throughout the year. For example, upper-level ESL secondary students are more knowledgeable. Thus, I tap into their curiosity at the start of classes in the year by asking thought-provoking questions they can ponder throughout the year.
However, I leverage multimedia presentations such as videos for lower secondary levels to capture their interest. Secondly, choosing literary works to teach and learn is very deliberate. In my opinion, entertaining and enjoyable literary works are better in establishing a firm interest in lower secondary level students in learning literature later.
Another factor I consider in selecting literary works for my students is the themes that relate well with them. For instance, literary works focusing on friendship and sexual identity are suitable for teenage students in upper-level ESL. This is because, at their developmental stage, they grapple with these issues and can create a connection with their life experiences. Finally, allowing students to share ideas about books they think will be interesting to study is critical in sparking their interest in literature. This encourages students to engage and respond to literature (Beach et al., 2021). Similarly, seeking meaningful feedback from my students has worked well.
Instead of engaging in a class setting, I encourage students to engage even outside class in online forums and other mediums of engagement.
Aims and Objectives of Teaching Literature
Teaching literature is essential because it functions as a tool for learning written and spoken English language. Therefore, one of the objectives of teaching literature is to foster in- depth learning and mastery of spoken and written English. Literature allows teachers to authentically explore different elements of the English language, focusing on lexis and syntax and cultural and pragmatic points that cannot be obtained from non-literary sources (Kwakernaak, 2015; Taguchi, 2019). Literary works contain instances of language in their real- life format and varying contexts. In order to attain this objective, teaching literature must involve an extensive reading program to improve students’ interest in reading and analyzing text. An extensive reading program will expose students to various writing styles, vocabulary, and grammatical points (Seo & Kim, 2020). Thus, students will encounter complex and diverse structures and learn more vocabulary regarding their connotative and denotative meanings, idiomatic expressions, slang, proverbs, and colloquialism. Consequently, as Knoch et al. (2015) observed, students’ writing skills improve since they can incorporate various writing styles they encounter in literature.
The second objective of teaching literature is to foster cultural awareness and promote student empathy. Beach et al. (2021) affirm that one of the most important reasons why literature should be taught in schools is because it fosters empathy, which is critical for a well-functioning society. Culture and literature are inextricably bound. Literature is a reflection of cultures that existed before and contemporary cultures. Thus, in teaching literature, teachers must ensure that students engage with diverse literary works to allow them to peek into different people and cultures in the past and present. The benefit is that they develop intercultural awareness and cultural competency, which is crucial for people to function properly today socially. This is because, in today’s societies, where globalization, migration, and urban lifestyle are common, people from various backgrounds often live and work together. Therefore, having intercultural awareness and competency equips students to function properly.
The third objective of teaching literature is to foster positive change among students and society. Teaching and learning literature can alter perceptions and attitudes and minimize prejudices while enhancing sympathy, empathy, forgiveness, and tolerance. Therefore, teaching should guide students to identify and think critically about themes and create connections with real life. This can be achieved through group discussions, quizzes, and essay prompts, especially for upper-level ESL secondary students. Subsequently, they will become familiarized with these themes, extrapolating them to real-world experiences and situations. Through works of literature, students can appreciate and thoroughly perceive themselves and others to empathize with the characters in the literary works and subsequently generalize these emotions and feelings to real- life experiences and situations.
Moreover, literature has pedagogical value because it engages students in problem- solving by resolving conflicts. For instance, literary works such as novels contain conflicts for readers to identify with and empower students to empathize with characters experiencing hazardous or challenging situations (Hendrickson, 2018). This aligns with Beach et al. (2021), who contend that literature is necessary because it equips students and society with skills to cope with uncertainties and challenges in today’s modern world. In teaching literature, teachers can allow students to identify conflicts in literature and dramatize how they would respond. Through this process, students develop skills to conceive the world better, discover innovative/creative solutions, and thus deal with conflict in real life.
Literature is a journey of discovery due to the wealth of experiences that can be applied to real-life situations and experiences. Therefore, the fourth objective of teaching literature is to foster and motivate students toward an impetus for learning. Things that imitate or elicit familiarity with real-life experiences, such as learning literature, often arouse enthusiasm and interest. Therefore, due to its association with real-life experiences, teaching literature can trigger motivation and immersion in experiences among students. The outcome of the engagement and immersion triggered through literature is the desire to learn. Literary can be motivating due to their authenticity and contextual meaningfulness. At the same time, learning fosters self- discovery. Therefore, the fifth objective of teaching literature is to set students on a journey of self-discovery. Motivation to learn literature increases students reading and analytical skills, exposing them to more literary works and setting them on a journey of self-discovery and development.
Literature Teaching Approaches
Multiple approaches to teaching literature have been researched and developed over the years. While no single approach is universally applicable to teaching literature, several approaches can be combined to generate maximum benefits for students learning literature. One approach is response-based, which gives the student experience primacy in making meaning from the literary work (Regmi, 2021). This approach benefits upper-level ESL secondary students because it develops independent reading ability, assimilation, and appreciation of the literary text. In using this approach, students are first undertaken through an extensive reading program. Next, they can elicit meaning from the reading and discuss it with their peers. This approach is suitable in the middle to the end of the year. This is because, at this point, students have a firm grasp of the literary text and formal elements.
Another approach to teaching literature is the new criticism approach which involves textual analysis of formal literary elements and analysis by close reading (Rogti, 2019). This approach requires students to evaluate aesthetic/literary text elements and their value (Rogti, 2019). This approach fosters students’ ability to “read between the lines” and logical interpretation by enhancing their literary text sensitivity through analysis of literary language and genre conventions. This method complements the response-based method because it narrows the students’ focus by disregarding external factors that influence interpretation. For the same reason, it is suitable at the beginning of the year because it allows students to internalize literary text before applying external factors to their interpretations. The teacher, in this approach, keeps the student-centered on designing activities (Rogti, 2019). For instance, students can be required to write essays on the literary text and its formal elements. This approach suits upper-level ESL secondary students who can decipher literary elements.
Methods for Teaching Literature
The most obvious method for teaching literature is lecturing. While this method is not the most effective, it is essential because it can be leveraged to introduce students to literary concepts for the first time. For instance, lectures can be used to train students how to move through a poem (Showalter, 2003). However, this method is teacher-dominated and can make students bored and disinterested. However, this method can be expanded through teaching and learning activities within the classroom. For instance, instead of teachers making presentations, students can be tasked with developing presentations on a given aspect of literature and allowed to present to other class members. This method excites the class and keeps the students proactive throughout the learning process.
Furthermore, Showalter (2003) recommends tailoring teaching methods to the specific literary genre. For instance, when teaching fiction works, it could be helpful to ask students to think about the experience of the writer and reader of the time when the work was published. Furthermore, performing plays can give students more insight into plays than they would have otherwise from simply reading. For Technical Secondary Education (TSO) and General Secondary Education (ASO) groups and levels in the Belgium context, it may be necessary to adjust the literary works chosen based on students’ interests and academic level. Additionally, incorporating technology and multimedia tools to complement traditional literature teaching methods may be beneficial. Providing opportunities for students to engage in real-life situations, such as debates or writing competitions, can also help to develop their language proficiency and critical thinking skills. Lastly, connecting literary works to real-world events and issues relevant to the students can make the learning experience more meaningful and engaging.
Finally, in an ideal world, the approach and method for teaching literature should be a decision undertaken by the teacher taking into account multiple factors about the needs and preferences of their students. The role of the teacher will be to assess students to develop an approach and method that best suits their needs and preferences at any given time. For instance, the new criticism approach can be used to develop students’ understanding of literary text and formal elements. Then, the response-based approach can be used to achieve specific goals in their students, such as independent reading ability, assimilation, and literary appreciation. As for teaching methods, the teacher must combine different methods to achieve different goals. For instance, capturing students’ interest requires interactive and thought-provoking methods such as videos, multimedia presentations, games, and plays.
Conclusion
In conclusion, teaching literature aims to holistically develop students’ potential by fostering not only language mastery but also cultural awareness, positive change, motivation, and self-discovery. Literature is a window to see others who differ from us and a mirror to perceive our strengths and limitations. To achieve these aims and objectives, teachers must adopt various approaches and methods for teaching literature. Firstly, teachers must leverage interactive methods such as multimedia presentations and videos and encourage feedback to capture students’ interest. The choice of these teaching methods must consider students’ level, such as lower-level or upper-level secondary students. Notably, chosen literary works should contain themes reflective of the student’s level and developmental stage, which they can relate to. These methods and approaches are meant to spark students’ interest to engage with literary work and develop meaning and interpretation that they can apply in their own life experiences.
References
Beach, R., Appleman, D., Fecho, B., & Simon, R. (2021). Teaching literature to adolescents (4th ed.). Routledge.
Dewaele, J. M., & Li, C. (2021). Teacher enthusiasm and students’ social-behavioral learning engagement: The mediating role of student enjoyment and boredom in Chinese EFL classes. Language Teaching Research, 25(6), 922-945.
Hendrickson, B. (2018). Using Young Adult Literature to Confront Mental Health: A Culturally Relevant Approach.
Knoch, U., Rouhshad, A., Oon, S. P., & Storch, N. (2015). What happens to ESL students’ writing after three years of study at an English medium university?. Journal of Second Language Writing, 28, 39-52.
Kwakernaak, E. (2015). Didactiek van het vreemdetalenonderwijs. Uitgeverij Coutinho (2e editie).
Regmi, L. R. (2021). An Analysis of Approaches to Teaching Literature. Curriculum Development Journal, 29(43), 79-90.
Rogti, M. (2019). Critical Discourse Analysis in Literature-Oriented Classes: A Theoretical Perspective. Rogti, M.(2019) Critical Discourse Analysis in Literature-Oriented Classes: A Theoretical Perspective. European Academic Research Journal, 7(06), 3327-3341.
Seo, Y., & Kim, C. (2020). The Use of Short Fiction in a Writing Class: Pedagogical Suggestions for Secondary Level Teachers in EFL Settings. English Teaching, 75(1), 119-139.
Showalter, E. (2003). Teaching literature (1st ed.). Wiley-Blackwell Publishing.
Taguchi, N. (2019). Second language acquisition and pragmatics: An overview. The Routledge handbook of second language acquisition and pragmatics, 1-14.
The Role of English Literary Texts in British Classrooms
The Role of English Literary Texts in Language Classrooms
1.0 ABSTRACT
Literary texts are used within the English classroom to offer learners with the prerequisite space for the learners to justify, comment, and mirror themselves. The use of literary texts plays an integral role in coaching foreign learners the English language. It helps enhance the learner’s communication competence, their motivation as well as raising their cultural awareness.
Previous research undertaken on the subject has indicated the potential benefits of using literary texts within the EFL classrooms since it helps boost the learner's language skills, the extension of their linguistic knowledge, and the promotion of authentic materials. The present research paper discusses the relevance of including English literature as a language teaching tool in the EFL university classroom. More specifically, the research article examines the reason behind the incorporation of literary texts in the Foreign English classroom. Besides, the paper also explains how literary texts are used in the enhancement of language skills. The article also focuses on showing how research enriches the learning experience of EFL learners.
2.0 Introduction
Every teacher requires due diligence and advanced teaching techniques to meet the objectives set to be achieved by the students at the end of the course. A teacher is supposed to use excellent teaching skills and tools in the performance of this vital activity of teaching to remain relevant and drive points home (Tasneen 2010). There are different teaching tools used by teachers in teaching various classes based on the type of course undertaken by the students.
Some courses need practical demonstrations; others may require experimental performance, research work, attachment involvement, field visits, among many other teaching tools based on the area of the course.
Literature, as a course, is no different. As a body of artistic writing, it requires tools to ensure it is well taught in class. In English classes, the books should be in line with writers' interests and ideas about a particular subject in question. The literature texts as a teaching tool in the English classroom play a vital role in ensuring the language is well learned and absorbed by students. In the course of learning English using the literary texts, there are many benefits derived from the process, which assures the students' diverse growth in different dimensions and fields (Van 2009). The present research paper discusses the relevance of including English Literary texts as a language teaching tool in the EFL university classroom.
Literature review
A brief history of teaching literature
Hall (2005) indicates that the University College of London was the first institution of higher learning to introduce a department of English literature in the year 1828. Other departments were also founded in 1849 and 1878 by Oxford and Cambridge universities, respectively. In the twentieth century, literary devices have played an enormous purpose in the study of language. In the early century, it was an aesthetic tool used applied by the few. With its popularity, it then became a literacy tool for many. Besides, it was also used as a vocational and moral uplift and for ideational content in much of the 1950s.
The 1960s and 80s saw virtually no substantial research undertaken on the effectiveness of literature. This occurred since the Functional-Notional method did not make the use of literary devices because of its lack. At the same time, other structural approaches downgraded the use of literature (Llach 2007. Other scholars such as Topping (1968) wanted to exclude the use of research as it failed to enhance linguistic proficiency amongst Foreign English learners. The beginning of the twentieth century had seen an excellent relationship between language and literature. Scholars in the 1980s, however, decided to focus on teaching English language skills through literary texts that would assist the learners in negotiating, interacting, expressing while also providing personal interpretations. Literature was reintroduced with the introduction of communicative language teaching approach since literary texts off er learners with cultural, real, and pleasurable materials to use.
Literary texts
Literary texts are imaginative texts which are constructed, such as to reflect the experiences of humans to entertain and arouse the emotions, thoughts, and feelings of readers. According to Sugianto et al. (2016), there are three types of literary texts, which include poetry, narratives, and drama. Narratives are texts which tell stories of written and spoken language.
Myths, legends, folklore, fables, science fiction, novels, and short stories are some kind of narrative texts. Depending on their genres, the books can have detailed purposes. For instance, myths are used to explain the natural phenomena in which legends pass cultural beliefs or traditions. Narrative texts provide lessons while also engaging readers and their feelings in the story. Also, narrative texts assume a generic structure that has a beginning, middle, and end. The beginning introduces the story's setting and the characters. The middle section of the narrative causes a chain of events that will influence the happenings in the story. As for the ending section, a resolution is explained in which the characters find closure to problems explained.
Poetic texts are the second type of literary texts. Poetry uses the English language for its aesthetic qualities. Poets write poems to express life's impressions and feelings towards people, events, and experiences (Sugianto et al. 2016). The poet will create the poem by beautifully and rhythmically arranging words in such a way that images are drawn on the reader's or listener's minds. Through these poems evoke sensual and emotional responses. Poetry makes uses of devices such as rhythm, assonance, and alliteration.
Dramatic texts are the third kind of literary texts. It is a written or spoken language piece which is constructed to be played in a theatrical performance of a stage. It makes use of visual elements such as body language, facial expressions, sets, and costumes. A dramatic text assumes a generic structure similar to narratives but might also be in the form of a script where various characters dialogue (Tomlinson 2010). The dialogue is played out as a theoretical performance with scripted action that is set in scenes and acts. Within the drama of the narratives, poems, dialogue, epilogue, and monologue can be used within the dialogues.
The approaches in teaching English literary texts
Literature represents the cultural or traditional expression of a person in society. The definition of research is evolving and changing with time due to approaches by different persons. Many may think that literature is just writing or putting words down on paper. Contrary to this misconception, literature entails artistic work in delivering information to society. The artwork is found in poetry, prose, or drama. In the process of defining essay, some definitions have come up dividing it into two parts which are;
Literary fiction literature
Genre fiction literature Literary fiction
Literary fiction is detailed and involves the author fully in establishing the theme using the characters. The author uses symbols and many other devices in bringing out the ideas common to real human life. He has to act as the protagonist and get into his shoes to portray the intended theme effectively (Gelder, K., 2004).
Genre fiction
In this literature, there is no much character development. Genre fiction includes mystery, science fiction, romance, thriller, and horror. Literary fiction is mostly read for entertainment escapism and a plot.
Works of literature involve the authors writing about ancient civilizations and poetry, giving a close concentration on global societies. Writing can change from one generation to the other due to changes in times and social practices. For instance, Herman Melville's 1851 novel "Moby Dick" was disqualified by reviewers but was initially considered as one of the best at its time (Melville, H.,2012).
There are various approaches used to teach literature in EFL classrooms. According to Duppenthaler (1987), the teaching activity should ensure there is increased the motivation of students in participation of the learning process, and enhance interaction between the learners. Teachers must know various approaches and techniques to ensure success in teaching literature.
(Whitehead, 1968). Among many, below are the most commonly used approaches in teaching literary texts as discussed;
Three Models of Carter and Long
Carter and Long (1991) suggested three models of teaching literature that include the cultural model, the language model and the personal growth model. The cultural model targets to provide information regarding authors, history, and cultural trends. The language model on the other hand, targets on the growth of the skills of writing, listening, speaking, and reading (Tayebipour 2009). Personal growth approach aims at motivating the students to growth and development of their creativity, imagination, and critical thinking on the individual level.
The Integrated Approach by Savvidou
Savvidou (2004), illustrates a six-stage model can be applied to teach texts in EFL classrooms;
First stage: Instilling students with the literary knowledge of the content and the theme of the book.
Second stage: Students familiarize themselves with the text through reading and listening in class.
Third stage: Engaging the students with their responses to literature by speaking or writing.
Forth stage: Intensive reading helps boost student's comprehension
Fifth stage: Learners are motivated to do further exploration of the literary texts.
Sixth stage: This takes the learner o individually understand the text on analyzing the literary devices.
Integrated Approach by Divsar and Tahriri
There are three models of teaching literature, as argued by Divsar and Tahriri (2009).
They focused on three considerations i.e., linguistics, cultural and communication considerations in suggesting the following phases of teaching writing;
1. The Preliminary Phase:
2. The content and cultural Phase:
3. The synthesis phase
Writers use literary texts as a tool to captivate the mind of the reader professionally. On the same, the reader can receive the information meant by the writer and understand the writing to a deeper extent. Mostly, the literature devices enhance clarity and enable emphasis in the literature. When students are taken through the books with different literary texts, their mind connects deeply with the writers' writing and characters in the story which leads to the student's improvement of the understanding and use of English language (Alemi, M., 2011).
Discussion
The benefits of using literature in teaching the English Language in EFL classrooms The use of literary texts has been encouraged and recommended because of the advantages it possesses in assisting foreign language students learn English language skills (Sugianto et al. 2016). It also helps them in improving their language acquisition and awareness. Furthermore, many scholars have recommended the application of literature as a vehicle to motivate learners to learn English.
Helps learners in improving their language awareness and acquisition
Use of literary texts to help learners listen
The use of literary texts enhances listening as it offers a perfect setting in which learners can familiarize themselves with the different varieties of voice qualities and dialects. Literary texts give learners with listening opportunities where they can become engaged emotionally and intellectually. According to Jacob (1990), In an EFL classroom, reading out texts to learners assists and stimulates them to create visual images in their minds. Using literary texts helps the students to develop some awareness regarding the language sound and the rhythm's beauty. It helps the students visualize moods, settings, characters, and situations as they listen. Students listening to read-aloud guides can assist the students in incorporating a heightened involvement with the literary texts.
How the use of literary texts helps EFL learners learn to speak
According to Khamkhein (2010), speaking is a language skill in which individuals actively produce and use spoken words which are used during communication. In second language learning, speaking is a crucial skill in the mastery of the language. In an English literature class, activities such as question and answer debates, as well as role-play, help the students nurture their speaking skills. Such events also help bring inclusivity in the classroom as learners get motivated to part of the classroom proceedings that include sharing ideas, questions, and presentations (Khamkhein 2010). Since literary texts depend on the language in the creation of a certain effect, the use of literary texts assists learners to attain particular communication goals.
How literary texts help learners attain reading skills
A wide range of studies has shown how literary texts helps in promoting reading achievement and development (Widdowson 1979). He indicates that literature helps nurture reading skills. The students will read literary texts which will assist them in appreciating and understanding the various multiple levels that include metaphors, phonological patterns, and multiple meaning.
How literary texts help learners attain writing skills
Literary texts offer students a huge inspiration to write, as many would like to model their writing according to such written works. Literature readers acquire the motivation to imitate the original written content as well as its contents, styles, and themes. Besides, learners also get a chance to review innovative thinking as they interpret and analyze the texts (Stern 2001). Other classroom activities such as exercises and discussion questions also motivate the learners to analyze, criticize, and explain the literary works. The learners will acquire individual styles, themes, organizations, and contents that will assist them in generating original thinking.
Literary texts are also filled with idiomatic expressions, beautiful sentences, figurative language, proverbs, and vocabulary (Tomlinson, 2010). Besides, readers of literary texts also gripping grammatical structures, writing styles, and a range of vocabulary that is interwoven. Learners also acquire the motivation to criticize, explore, and ask a question regarding the literary texts.
How dramatic literary texts assist English language learners
Learners who view dramatic literary texts become active participants who experience some similarity in the use of language. Dramatic texts help learners in nurture speaking skills since real-life dialogue can get recreated (Widdeowgon 1979). Communication skills are utilized in the texts. Learners can use dramatic texts to comprehend their lives through an analysis of specific situations and a deeper linguistics world. Drama assists in language development, enhancement of listening skills, and creative thinking.
3.4.4 Using poetry for English language learning
Language learners can make use of poetry as a useful resource. According to Bagherkazemi and Alemi (2010), poetry's main objective is finding a means of involving the language skills of learners creatively and actively. Poetry engages the readers in generating coherent discourse meanings and the interpretation of texts. Also, poetry also offers the value of understanding other cultures. Bagherkazemi and Alemi (2010) highlighted poetry's five benefits, which include education and learning, linguistics, emotional, esthetic, and cultural.
Literary texts used in the English language can also enhance the learner's cultural awareness as the students will have an opportunity to understand and develop insights regarding the culture of individuals across the world. The students get to develop their visualization and imagery abilities while also acquiring new perspectives regarding the ideas found in literary devices. The learners also learn the target language more wholly other than the memorization of rules and words. Besides, the students learn different cultural values, which helps them develop cultural understanding and communication.
Literary text devices and significance in teaching English in EFL classroom
The student needs to identify where different literature tools have been used by the writer and with what motive they were used. For instance, when a symbol is used in a literature text, the student learns and understands the view of the author about a specific character or occurrence in the story. As the students learn English, through the use of literature with literary tools, learning becomes exciting and enjoyable, making the text clear to the students (Kashavarzi 2012). Below are different literary devices used in literature and their relevance in teaching English in EFL University classroom.
Allegory
This literary device is used as symbolic representations of characters and events in conveying specific ideas. The parable is a historical story used to send a message to the reader about a real-life situation. When they are used in English classrooms, the students can have a better way of obtaining good moral character as meant by the writer (Bloomfield, M. W., 1972). There are short stories with animal characters e.g., Hare, Tortoise, Lion, Hyena, and Elephant.
The writer uses these short stories for readers to have an exposure of morality in society. When allegories are used, English learners are equipped with excellent morals in the course of learning.
Alliteration
Alliteration is a chain of words with similar soundings of the constant therein. The starting constant sound of the phrase is comparative to each other. Writers use this tool in literature to captivate the mind of the reader (Blake, N. F.,1969). When a writer gives a title like
Sense and Sensibility, he can draw the attention of the reader and makes him or her want to know more about the story. In poetry, alliteration is commonly used and plays a significant role in sharpening the English learners based on understanding and creating interest to the student (Austen, J.,2004).
Allusion
An allusion is an indirect phrase or figure of speech used to refer to a specific person or event which is outside the text in question. For instance, a writer may apply to a person as acting smart like Einstein. This is an allusion to the famous real-life person called Albert Einstein, who was well known as a theoretical physicist (Connolly, J. W., 1982). In English classes, references help the students understand more about the world outside the context. By wanting to know why the writer referred to an event, situation, or character outside the story, the student research and get a better view of the real-life historical field.
Anachronism
This is when an author uses a thing that belongs to a period in which it did not exist. The word used by the writer is obviously out of time; it existed, but the reader adapts the critical information in the process of internalizing the anachronism. A character may also be appearing in a diff erent time than the actual period of existence or a technology indicated in a time different from when it emerged (De Grazia, M.2010). The role of anachronism in English classrooms is to draw the attention of the learners to the historical existence of certain events, people, or things. It educates the English learner about the history of individual life in society. For instance, Shakespeare uses anachronism when he uses a dollar as the currency in Macbeth (Shakespeare,
w. 2001).
Anaphora
Throughout a piece of writing, a particular phrase or word may be appearing severally in sentences. This is called anaphora. It technically hits the mind of the reader by provoking it due to the repetitive art (Keshavarzi 2012). In the process of reading the repeated phrase or word, the reader thinks about it and internalizes it, creating a better understanding of the reason behind it. In English classrooms, authors use anaphora in poetry and speeches to captivate the mind of the reader and emphasize on a point to him or her about a specific occurrence or character. With the use of this tool in the English class, the learners better understand the intention of the author in a particular context. For example, Martin Luther King's 1963 speech was full of the repeated phrase "I have a Dream ..." at the beginning of every sentence to emphasize what he dreamt about (King 1999).
Anastrophe
Anastrophe comes ion when the writer reverses the correct standard format of arranging words in a sentence. A sentence is organized in the verb, subject, and then adjective form. But the writer, through the use of anastrophe, may alter this arrangement to an adjective, verb-subject format. For instance, a sentence like, "Are you ready?" It may be written as "Ready, are you?"
The tool is used to create interest to the reader and add flavor to the English language by adjusting the commonly known formats of sentences to the learners. In English classrooms, the students are attracted to the tool which interests them while reading.
Anthropomorphism
This is applied when something non-human is made by the author to behave like a human irrespective of it, not possessing human nature. Animals, places, or objects may be made by the author to take the behavior of a human in terms of response to situations and involvement in human activities. For instance, in children's cartoons, Mickey Mouse can sing, dance, take a shower, cook, ride a bicycle, and go shopping just like a human being. A real mouse cannot perform these duties (Crafton, D., 2012). Through the use of anthropomorphism, the author quickly draws the attention of the audience and drives his meant theme to them with ease. In English learning, students interested in cartoons are easily reached and addressed to using anthropomorphism, where the author drives his point home concerning the aim of the story.
Chiasmus
This is a figure of speech used in literature where a reversed sentence or phrase follows the sentence or phrase in terms of order and arrangement of words (Tasnen 2010). The use of chiasmus in English classrooms enables the students to get the emphasis set by the writer concerning a particular character, theme, or situation in the story. This tool allows for the English learner to pay keen interest in the writing as meant by the author. For instance, "Ask not what your country can do for you, ask what you can do for your country." By John F. Kennedy (Kennedy, J. F., & Sorensen, T. C., 2007). It is so exciting and draws the attention of the reader, keeping him or her thinking about what the author means.
Flashbacks
The use of flashbacks is also a fascinating tool in teaching English. Flashbacks are the events or activities that happened in the past as compared to the time of narration or the current time in the context. Authors use flashbacks to shed light on the reader concerning past events or occurrences. The reader can obtain a historical background about a particular event, character, or situation, which helps him or her understand why the circumstances stand as they are currently in the story. The English learners are well exposed to the history of the plots in the story through the use of flashbacks. For example, in Gone Girl, the flashback is well applied, where every chapter is connected to the previous one (VanLeuvan, E.,2016).
Juxtaposition
This is the art used by the author comparing two objects, activities, or persons that are incredibly different from each other. The two are usually not possessing any similarity at any angle or level. This tool is used in literature to help in giving the reader a clearer picture of a particular character in the story in comparison to another who is different from the one in question. An excellent example of the use of juxtaposition is in the opening format of A Tale of Two Cities. In the opening clause, the author Charles Dickens uses Juxtaposition in contrasting the existence of two different eras. This brings the attention of the reader to read about the various cities and get the outcome experienced by the two (Charles, D. 2017). In English learning, students can easily relate two different existing situations or characters where juxtaposition is applied and quickly get the theme of the author.
3.3.11 Metaphor
This is when the author compares one thing to another with the two sharing an item in stock but are different in other aspects. In this tool of literature, the author uses two objects, events, situations, or persons, and compares them. For example, in Romeo and Juliet, Romeo compares Juliet to the sun. These are two different objects but share a typical character of beauty (Hamilton 2000). When metaphors are used in the EFL University classrooms, excellent expression skills are instilled in the learners, which enables them to advance in the language.
4.0 Conclusion
The paper discusses how literary texts are used in EFL classroom. It also discusses the benefits of literature in developing the student's language skills. The paper has shown how literary texts can be used to design motivating and stimulating learning. In summary, the use of literary texts in the EFL classroom will (1) assist learners in making use of English for communicative purposes; (2) stimulate the involvement of students emotionally and aesthetically; (3) assist learners to authentic use of language; (4) assist them in genuine input attention, and (5) assist learners become culturally aware. EFL students will get a chance to practice their critical thinking skills as well.
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Song and Poem Comparison
Literature is a vast genre of the English language that deals with giving society some formal orientation. Poems, songs, riddles, short stories, and novels are examples of avenues for having written literature. Often, the drafting and the creation of a literary work must have a reason. They communicate information about various themes and employ a variety of literary devices such as styles that display the diversity and versatility of the work. In this paper, we see Cornelius Eady use the poem: "I'm a Fool to Love You" to communicate many issues.
Additionally, the author employs the use of several literary devices significantly. Similarly, Adele's song: "Chasing Pavements” also is meant to communicate something. Additionally, it employs several literary styles that make the nature of its content unique. Generally, comparing literary works include weighing out the use of literary styles and the issues they communicate. This paper compares Eady's poem to Adele's song.
The poem: "I am a Fool to Love You" by Eady communicates a powerful message about the experience of a youthful and black woman in the world. The person who is the woman's son narrates a brief tale of his mother's life together with her choices. The son is sure that his mother would share a similar tale if asked to narrate. The black woman makes unrealistic and dangerous decisions, but they are the only favorable ones she has. Before choosing the persona's father, the woman has a deadbeat man. The persona claims that he was "a man of no account (Eady)." Comparing his father to the man reveals that his father was better than the man since he proves dependable despite being a "cruel" man. Due to the woman's adverse experience and the state of abject poverty she faces, she grabs the best option and settles on the persona's dad.
From the speaker's take, it is clear that the former man was irresponsible and seemed useless. Therefore, this made his father be like an island and like a rock. An island is an independent land feature in large water bodies such as lakes, oceans, and seas. As it is known that heavy storms and large waves characterize these large water bodies, the island faces them and withstand them. Therefore, the persona says that his father is a stronger and resilient man who overcomes the heavy storms of life hardships. Additionally, the persona says that his father is a rock, meaning a firm man. A simile is a literary device that shows a comparison of an object, a person, or an event to something. The comparison enhances the emphasis on the issue communicated.
The persona intends to extend the limits of reality and thus tries to employ literary devices to bring this out objectively. Persona asks, "Does this create a hurt that whispers? (Eady)", a statement that accords the heart a quality or the ability to whisper. In this case, the persona applies personification to extend the extent of reality and demonstrate what the mother goes through vividly-additionally, the poem transitions to a series of rhyming lines. The rhyme in the poem introduces musicality that emphasizes the authority of reality in this piece of work. The persona describes his father as being briefly a "fire escape," to mean that the father remains the only hope to lift his mother out of poverty she experiences. The poem broadly communicates themes such as poverty, which is the woman's main problem before finding the persona's father. The poem also communicates the theme of love. The woman finds love in the persona's cruel father. Finally, it shows a breakthrough when the woman finds the persona's father: "fire escape (Eady)."
On the other hand, the song: "Chasing the Pavements" is about a woman that wishes to confess her love for someone (Adele). She is in love with the person. However, she has not declared her love for the man. The line "this ain't lust, I know this is love" shows clearly that the woman is madly in love. She is purposed for a real relationship with the person. She does not want to declare her love in the air as she claims that telling it to the world will mean that she shall not have declared it to the man. She wants to declare it solely to the man to be sure that the man gets to know about her love specifically; this is according to lines four and five of verse one that goes "If I tell the world, I'll never say enough, because it was not said to you (Adele)."
Furthermore, the woman wonders if the relationship would ever proceed even though it has not kicked off. Inline five of verse two to the first line of verse three, she asks, "Should I give up, or should I just keep chasing pavements even if it leads nowhere?" She is disturbed about what the relationship would be like. Additionally, she is concerned and wishes for the best engagement. However, the woman wonders if she would contain the impacts of declaring her love for the man. In lines seven and eight of verse three, "... even if I knew my place, Should I leave it there? (Adele)"; she continues to wonder whether to leave the man if he rejects her proposal or proceed to try to win the man. This woman is weak, and any attempt of the man to turn down her proposal will heartbreak her. The woman then consoles herself by assuming that the man loves her back. She says in the third verse, line two, that "I build myself up and fly around in circles"; this means that she is already imagining enjoying the fortunes and best experiences with the man. However, the woman is unaware of the man's feelings about her: whether he loves her is unknown. Sometimes people do have unconditional love towards others depending on the situation between them. The two possibilities are that the two had been in love and are about to split out, yet one still needs the engagement to proceed. Or when one is madly crushing on the other. These occasions can drive one crazy and seem desperate for love.
Ideally, literature carries with it major real-life reflections. The two literary works discussed above contain distinctive themes and are also similar in several ways. As mentioned above, the poem narrates how an initially broke and the hopeless black woman finds a man. On the other hand, the song delivers a message of a woman in a relationship with a man. Their relationship seems to end, and therefore, the woman is desperately begging for a second chance that the man is unwilling to grant her. Both the stories use similar literary devices them. Repetition and alliteration have been heavily used to stamp emphasis on the personas' insinuations. Additionally, the aspect of the women demonstrates that they are the most vulnerable beings when it comes to love affairs. Both of them seek love attention from men. One man welcomes a woman while the other one rejects, showing the difference between individuals. Therefore, it is not right to judge people depending on their gender or physical orientations collectively.
Works Cited
Adele. "Chasing Pavements - Adele". Song lyrics.Com, http://www.songlyrics.com/adele/chasing pavements-lyrics/.
Eady, Cornelius. "I'm A Fool To Love You By Cornelius Eady - Poems I Poets.Org". Poets.Org, 1954, https://poets.org/poem/im-fool-love-you.
English Colonization and the Road to Revolution
English colonization has had a vast impact on the world. The Oxford dictionary defines colonization as “the action or process of settling among and establishing control over the indigenous people of an area” (Lexico by Oxford, 2020). This is precisely what the English accomplished in several places. After seeing other European nations, such as Spain and France, attain wealth and political power by colonizing, England decided to send out explorers too.
Conquering land was a way that these European nations were becoming wealthier and was a means of gaining political ground. England sent out explorers on many different occasions. The failed attempt of the Roanoke colony put a pause on “English efforts to settle…for nearly two decades” (Norton, 2015). They succeeded once they used their own model, instead of copying their European neighbors.
Social pressures were also contributing factors in the English colonizing North America.
Many of the English wished to break away from the Church of England. King Henry VIII requested a divorce from his wife, but the Catholic church refused to grant him one. The King broke away from the Catholic church and created the Church of England. At this time, the Protestant Reformation was already underway in different parts of Europe, such as Germany with Martin Luther and Scotland with John Calvin. The king’s break from the Catholic Church spurred the beginning of the English Reformation. Theological doctrines between Calvinists and the Church of England were so greatly opposed that many Calvinists, such as the Puritans and Separatists, wanted to leave England for fear of being arrested and imprisoned on the grounds of heresy. When the English came to America, they came with the resolve to stay.
One of the major ideas that inevitably led to the American Revolution was the Age of Enlightenment and the philosophies behind it. The Age of Enlightenment “which emphasized
science and reason over faith and superstition, strongly influenced the American colonies in the eighteenth century” (Kahn Academy, 2017). Another name for this was the Age of Reason. The great thinkers of the time began to look to science for answers to questions of the natural world and the universe instead of religious teachings. Among some of these thinkers and scientists were Alessandro Volta in Italy, Daniel Fahrenheit in Poland, Isaac Newton in England and Benjamin Franklin in America (Jarus, 2019). Another ideology that brought the colonies closer to the American revolution were the ideas from the Real Whigs, who were writers from Britain. Their faith in the monarchs also began to crumble. More people were open to the idea of cutting ties with English monarch and becoming its own republic.
Some events that led to the American Revolution were the Boston Massacre in 1770 and the Boston Tea Party in 1773. Before the Boston Massacre, “British Parliament enacted strict provisions for the collection of revenue duties in the colonies” (Wallenfeldt, 2020). Numerous colonists did not fancy these new requirements and boycotts for such goods were organized.
Troops from the British army arrived in Boston in the fall of 1768. This did not help with growing tensions between the British and the colonists. On March 5, 1770, a confrontation between British soldiers and colonists escalated and resulted in the death of five colonists and injury to seven others.
The Boson Tea Party is a well know protest that took place in the Boston Harbor on December 16, 1773. In 1767, British Parliament passed the Townshend Acts which required duties, or fees and taxes, for exported goods. Some of these duties were repealed due to the uproar among colonists, except for duty on tea from the East India Company. Three tea ships arrived in the Boston Harbor and when agents attempted to cancel the order and send it back, the merchants refused. On December 16, 1773, “342 chests of tea…were thrown from ships into
Boston Harbor by American patriots disguised as Mohawk Indians” (Wallenfeldt, 2020). The protest was over the tea tax as well as the supposed tea monopoly by the East India Company.
The American Revolution was the precursor to the colonies gaining independence from Britain. There were many people affected by changes that occurred as a result. Many prominent groups that were affected were Native Americans, African Americans and women. For the Native Americans, if the colonies won independence, the colonists would continue to take over land. On the other hand, if Great Britain won, the Native Americans would have “a continued British presence that restrained American westward expansion” (ushistory.org, 2020). Great Britain did not win, so expanding to the west by settlers continued. Some Native American land was taken by treaties, but much was taken forcefully. Many colonists tried to “civilize” the indigenous people groups instead of letting them keep their cultural identity. Some tribes were granted reservations to live on and others fled north to Canada.
African Americans were also significantly affected by events that followed the American Revolution. “The Revolution transformed slavery from an unspoken assumption to an open question” (Norton, 2015). The Northwest Ordinance of 1787 banned slavery north of the Ohio River boundary. Some states in the north abolished slavery little by little in the following years, but it was not abolished completely. They were not yet considered citizens and did not have the same rights as whites at this time. Many moved to cities, away from rural areas after being freed. Some founded churches, such as the African Methodist Episcopal Church, which would also serve as important cultural centers for their communities.
Events that followed the American Revolution also greatly affected women. Months before the Declaration of Independence was completed and signed, Abigail Adams, wrote a letter to her husband, John Adams, requesting that he “Remember the Ladies” (Lange, 2015). Her
husband believed women could still impact society outside of politics. Women began to be educated so they could teach both inside and outside of the home. Some women took to writing as an outlet for their concerns, such as Judith Sargent Murray and Mercy Otis Warren. Similar sentiments were also felt among some women in England, such as Mary Wollstonecraft who wrote A Vindication of the Rights of Women which circulated in the states. Her book “set off the first ripples of what would eventually become the worldwide movement for women’s rights” (McCrum, 2017). There would still be a long way to go, but Women’s Rights were starting to head in a better direction.
References
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